SENIOR ACCOUNTS OFFICER & ORS Vs. RAMNIWAS PATHAK

JUDGEMENT

(1.) Heard. This appeal has been filed by the appellants against the order dt. 7.2.2011 passed by the learned Single Judge in W.P. No. 4290/2007 (S).

(2.) The respondent employee was working as Assistant Teacher. He retired from service after attaining the age of superannuation. A communication was sent to him on 31.12.2005 and he was informed that there was an outstanding amount of GPF of the respondent of Rs. 59,856/-. A copy of the communication has been filed by the respondent employee as Annexure P/3 alongwith the writ petition. Subsequently, a notice was issued to the respondent that on 31.7.2005 negative balance of Rs. 45,001/- was due against the respondent employee and he was directed to deposit the balance amount. The respondent employee challenged the aforesaid notice before the writ court. He pleaded that notice issued by the authority is arbitrary and illegal. No amount was due against him in regard to GPF. He further pleaded that contrary to this, there was plus balance in his GPF account which was communicated to him vide Annexure P/3. He further submitted that he was directed vide show cause notice (Annexure P/1) to show cause that an amount of Rs. 600/- and Rs. 10,000/- was withdrawn by him on 4/74 and 12/99 and the amount was not paid by him, hence, there was a minus balance in the GPF account of the respondent employee.

(3.) The present appellants in their reply to the petition before the Writ Court pleaded that after retirement, the GPF account of the respondent employee was sent to the Accountant General and after verification it was found that there was a negative balance of Rs. 45,001/- against the respondent employee upto his retirement. Hence, a show cause notice was issued to the respondent employee to deposit the aforesaid amount with 2.5% interest. It is further pleaded by the appellants (respondents in the writ petition) in the reply that a clerical mistake had happened in the year 1984-85 because in the aforesaid years the closing balance against the GPF account of the petitioner (respondent herein) had been shown as Rs. 24,676/-, however, it was Rs. 14,676/-. It resulted an excess credit of Rs. 10,000/- in the year 1984-85. This error was not rectified, hence, the balance continued to inflate, due to the aforesaid error, positive balance has been shown in the account of the respondent employee, however, there was a negative balance in the GPF account of the respondent at the time of his retirement.